780 P.P. ASSOCS. v. ROTH


145 Misc.2d 428 (1989)

780 P.P. Associates, Petitioner, v. Wendy Roth, Respondent.

Civil Court of the City of New York, Bronx County.

October 23, 1989


Attorney(s) appearing for the Case

Glennia R. Campbell for respondent. Gutman, Mintz, Baker & Sommerfeldt, P. C. (Gary D. Friedman of counsel), for petitioner.


ANTHONY J. FIORELLA, JR., J.

Respondent moves for summary judgment pursuant to CPLR 3212 upon the ground that petitioner's commencement of a nonpayment proceeding during the pendency of a holdover proceeding has vitiated the prior termination notice and has reinstated respondent's tenancy.

Landlord commenced a holdover proceeding in February of 1988 following service of a 10-day notice to cure and a 30-day notice to terminate in November of 1988...

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